This is a letter from a tenant to the landlord concerning the landlord's refusal to permit tenant to sublease the premises to a sub-tenant. Tenant is also informing the landlord of his/her reserving of legal rights and remedies, should the landlord continue to prevent a lease assignment.
A subtenant is someone who has the right to use and occupy rental property leased by a tenant from a landlord. A subtenant has responsibilities to both the landlord and the tenant. A tenant must often get the consent of the landlord before subletting rental property to a subtenant. The tenant still remains responsible for the payment of rent to the landlord and any damages to the property caused by the subtenant, unless the landlord agrees to release the tenant from liability.
Generally, to evict a roommate, you must be the original tenant (or the one who has signed a lease or rental agreement with the landlord), and the roommate you want to evict must be your landlord's subtenant. A subtenant is usually someone who is renting part of your place from you and paying rent to you instead of your landlord. In this relationship, you are the "landlord" and your roommate is your "tenant."
A tenant acting in the capacity of a landlord who resides in the same rental unit with his or her subtenant may be able to evict said subtenant without just cause, as required under some local landlord-tenant laws, which vary by locality. Depending on local law, a master tenant must give written notice to the subtenant a certain number of says in advance of eviction. If the subtenant doesn't leave, it may be necessary to file an unlawful detainer lawsuit.
Under some local laws, a tenant who subleases his or her rental unit may charge no more rent upon initial occupancy of the subtenants than that rent which the tenant is currently paying to the landlord. In other words, a master tenant cannot profit off of their landlord's property.
Title: Houston Texas Letter from Tenant to Landlord about Landlord's Refusal to Allow Sublease is Unreasonable Introduction: Dear [Landlord's Name], I hope this letter finds you well. I am writing to discuss a matter of great concern regarding your recent decision to refuse my request for subleasing my apartment in Houston, Texas. I am a tenant in good standing, and I firmly believe that your decision is unreasonable. This letter serves as a formal communication to address the issue and seek a resolution that upholds my rights as a tenant. 1. Background Information: To provide some context, I have been residing in the same apartment in Houston, Texas for [duration of tenancy]. Throughout this period, I have consistently paid my rent on time, maintained the premises in good condition, and followed all provisions outlined in the lease agreement. Subleasing my apartment has become a necessary option for me due to unforeseen circumstances such as [explain reasons, if any]. 2. Relevance of Subleasing: It is important to recognize that subleasing is a legal concept and is often an accepted practice among landlords and tenants. In the current rental market, subleasing provides flexibility to tenants and allows them to overcome temporary issues like relocation, job changes, or financial constraints. Moreover, it can alleviate the financial burden on tenants, making it easier for them to fulfill their obligations towards their lease agreement. 3. Review of Lease Agreement: I have carefully reviewed the lease agreement provided by your property management company, and it does not explicitly prohibit subleasing. This absence of any prohibition indicates that prior tenant consent is required for subleasing, which is a reasonable expectation. 4. Mitigating Concerns: In light of your decision, I would like to address any concerns you may have regarding subleasing. I am committed to finding a responsible, reliable, and financially stable subtenant who will comply with the terms of the lease agreement and maintain the property in good condition. I am more than willing to provide you with any necessary information about potential subtenants, including their background, employment, and rental history, to ensure your peace of mind. 5. Legal Considerations: As per Texas law, a landlord's refusal to allow subleasing must be reasonable. Several factors are taken into account to assess this reasonableness, such as the tenant's purpose, the financial stability of the subtenant, and the ability of the subtenant to comply with the terms of the lease agreement. Denying my request without providing any valid reasons contradicts these legal obligations and may be considered an unreasonable refusal. 6. Suggested Resolutions: I strongly believe that a reasonable resolution can be reached. This might include amending the lease agreement to clarify provisions regarding subleasing, adding reasonable conditions if necessary, or engaging in a constructive conversation to address your concerns. It is crucial to maintain a mutually beneficial relationship and protect both our interests. Conclusion: In conclusion, I kindly request you to reconsider your decision and allow me to proceed with subleasing my apartment in Houston, Texas. I have met all my obligations as a responsible tenant, and I firmly believe that my request is justified under the applicable laws and lease agreement. I am open to discussing this matter further to find a solution that respects both our interests. Thank you for your prompt attention to this matter, and I eagerly await your response. Sincerely, [Your Name] [Tenant's Contact Information]Title: Houston Texas Letter from Tenant to Landlord about Landlord's Refusal to Allow Sublease is Unreasonable Introduction: Dear [Landlord's Name], I hope this letter finds you well. I am writing to discuss a matter of great concern regarding your recent decision to refuse my request for subleasing my apartment in Houston, Texas. I am a tenant in good standing, and I firmly believe that your decision is unreasonable. This letter serves as a formal communication to address the issue and seek a resolution that upholds my rights as a tenant. 1. Background Information: To provide some context, I have been residing in the same apartment in Houston, Texas for [duration of tenancy]. Throughout this period, I have consistently paid my rent on time, maintained the premises in good condition, and followed all provisions outlined in the lease agreement. Subleasing my apartment has become a necessary option for me due to unforeseen circumstances such as [explain reasons, if any]. 2. Relevance of Subleasing: It is important to recognize that subleasing is a legal concept and is often an accepted practice among landlords and tenants. In the current rental market, subleasing provides flexibility to tenants and allows them to overcome temporary issues like relocation, job changes, or financial constraints. Moreover, it can alleviate the financial burden on tenants, making it easier for them to fulfill their obligations towards their lease agreement. 3. Review of Lease Agreement: I have carefully reviewed the lease agreement provided by your property management company, and it does not explicitly prohibit subleasing. This absence of any prohibition indicates that prior tenant consent is required for subleasing, which is a reasonable expectation. 4. Mitigating Concerns: In light of your decision, I would like to address any concerns you may have regarding subleasing. I am committed to finding a responsible, reliable, and financially stable subtenant who will comply with the terms of the lease agreement and maintain the property in good condition. I am more than willing to provide you with any necessary information about potential subtenants, including their background, employment, and rental history, to ensure your peace of mind. 5. Legal Considerations: As per Texas law, a landlord's refusal to allow subleasing must be reasonable. Several factors are taken into account to assess this reasonableness, such as the tenant's purpose, the financial stability of the subtenant, and the ability of the subtenant to comply with the terms of the lease agreement. Denying my request without providing any valid reasons contradicts these legal obligations and may be considered an unreasonable refusal. 6. Suggested Resolutions: I strongly believe that a reasonable resolution can be reached. This might include amending the lease agreement to clarify provisions regarding subleasing, adding reasonable conditions if necessary, or engaging in a constructive conversation to address your concerns. It is crucial to maintain a mutually beneficial relationship and protect both our interests. Conclusion: In conclusion, I kindly request you to reconsider your decision and allow me to proceed with subleasing my apartment in Houston, Texas. I have met all my obligations as a responsible tenant, and I firmly believe that my request is justified under the applicable laws and lease agreement. I am open to discussing this matter further to find a solution that respects both our interests. Thank you for your prompt attention to this matter, and I eagerly await your response. Sincerely, [Your Name] [Tenant's Contact Information]
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
